OT-CA homeschooling ruling

[mrs.beast]

Is this new? Has anyone heard about this? It is an SF gate story about how homeschooling, is not allowed unless done by a credentialed teacher.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/06/BAJDVF0F1.DTL&tsp=1

 

[jodifla]

WOW! That's a huge blow to homeschoolers.

 

[dis-happy]

Wow, huge. I have a lot of homeschooling friends in CA---scary to think that they all could be prosecuted.



The most interesting (and scary!) quote in the whole article IMO:

"Heimov said her organization's chief concern was not the quality of the children's education, but their "being in a place daily where they would be observed by people who had a duty to ensure their ongoing safety."

 

[Bluesdad]

The most interesting (and scary!) quote in the whole article IMO:

"Heimov said her organization's chief concern was not the quality of the children's education, but their "being in a place daily where they would be observed by people who had a duty to ensure their ongoing safety."

I thought the exact same thing! I thought, uh, gee, wouldn't that be the parents job? My wife and I have seriously thought about doing this, but we don't have enough time. We are however really looking into private school simply because of the bullying that is going on. The school just doesn't seem to be doing it's duty of observing our child.

 

[Amy5000]

I thought the exact same thing! I thought, uh, gee, wouldn't that be the parents job?

You know, I think the reason they wanted the children in school was because there where alllegations of abuse. Apparently the advocates thought this was necessary for the children's safety...

 

[allison443]

You know, I think the reason they wanted the children in school was because there where alllegations of abuse. Apparently the advocates thought this was necessary for the children's safety...

Yes, what started the whole case was that one of the children claimed physical and emotional abuse by the father, Philip Long. That is what brought them to the authorities' attention.

 

[bumbershoot]

Went a'googling, interesting to see the small concern this is causing.

http://californiahomeschool.net/howTo/updates.htm

CHN maintains that California law allows several viable alternatives to enrollment in a public school. One of these options is to enroll in a private school. Private schools are not required by California law to employ teachers holding a state credential, and there is no restriction in the law specifying that a private school must be of a certain size or that parents may not operate a private school in which their own children are enrolled.

From a blog linked to from that site...

What does this mean for the larger issue - how homeschooling is conducted in the state of California? So far, nothing. Nothing at all. Everything is exactly as it was a week ago.

From HSLDA:

HSLDA will file an amicus brief on behalf of our 13,500 member
families in California. We will argue that a proper interpretation of
California statutes makes it clear that parents may legally teach
their own children under the private-school exemption.

It seems this court misunderstood the wording of the law about education, this was a closed-door case about ONE family, and it came as a surprise that a court on this one case would suddenly start talking about the whole state.

I read that this was a 20 year issue with this one family. 20 years. I think after 20 years I, as a diehard future-homeschooling parent, would just MOVE out of CA to a state where it's easier.

(then again, it only took me 17 years to realize I was allergic to the whole dang state (except for Disneyland, lol) and move to WA)

 

[DawnM]

Response to California
Appeals Court Ruling:
‘Homeschooling is Illegal’


Dear HSLDA Members and Friends:
On February 28, 2008, the California Court of Appeals issued a ruling in a juvenile court proceeding that declared that almost all forms of homeschooling in California are in violation of state law. (Private tutoring by certified teachers remains an option.) Moreover, the court ruled that parents possess no constitutional right to homeschool their children.
This case involved a family with a 20-year history of litigation in the juvenile courts over the care of their children. Prior adverse decisions had been rendered by the courts.

This family was not a member of Home School Legal Defense Association. They were represented by court-appointed counsel throughout the proceeding. Since it was by law a confidential proceeding, to the best of our knowledge neither HSLDA nor any other legal advocacy organization had any knowledge that the right of all homeschoolers in California was depending upon the outcome of this family’s case.
There are two appellate options at this time.

First, we have been told that the family is appealing this decision to the California Supreme Court with their California counsel.
HSLDA will file an amicus brief on behalf of our 13,500 member families in California. We will argue that a proper interpretation of California statutes makes it clear that parents may legally teach their own children under the private-school exemption. However, if the court disagrees with our statutory argument, we will argue that the California statutes as interpreted by the Court of Appeal violate the constitutional rights of parents to direct the education and upbringing of their children.
HSLDA welcomes other organizations and persons to assist with the amicus process so that a full defense of home education, religious freedom, and parental rights can be given to the California Supreme Court.

The second appellate option is to seek to have this particular decision “depublished.” Depublication is a decision that can only be made by the California Supreme Court. If the Court determines that the decision should stand, regarding this family, on the facts presented, but that the general pronouncements of law for all of homeschooling should not be determined by this case, then the Court has the option of “depublishing” the Court of Appeal’s decision. This would mean that the case is not binding precedent in California and has no effect on any other family.

HSLDA will take the lead in an effort to seek to have this case depublished.
Homeschooling has offered a great opportunity for families to give their children a quality education with a moral and philosophical approach that is consistent with each family’s beliefs.

The ability to homeschool freely in California should not depend upon one family in a closed-door proceeding. All families should have the right to be heard since the rights of all are clearly at stake.

Sincerely,
J. Michael Smith

 

[DawnM]

If these allegations are true, these children need to be removed from the home. This is not a homeschooling issue, it is an abuse issue.

Not that I have any opinion on that!

Dawn

 

[barkley]

when i first hit the link the question in the back of my mind was 'i wonder if this came out of l.a. county?'. reason being is at least 15 years ago i attended a social services conference in southern california and one of the speakers was a high ranking l.a. county school official who spoke of an 'emerging issue' they were dealing with pertaining to children in their jurisdiction. the issue had to do with a renewed effort on the school's part to enforce truancy laws and behevioural standards in their schools and what they perceived as a growing trend among some parents to opt not to address those issues with their children by virtue of pulling their children from the public schools and announcing they would be homeschooling. the official was very supportive of quality homeschooling-where educational goals and standards were being met, where the student was benefiting from the process-but sadly that was not the case with this new emerging homeschool population. i don't know what is in place now, but back then a parent could homeschool and achieve the credentialed tutor criteria by viture of working co-operativly with their school district and have their child meet with that tutor as seldom as once per week (they reviewed the child's educational goals, looked to see that they were completing and understanding subject matter and provide help if needed or requested)-in the california area we moved from last year this was available at no-fee to homeschooling parents. the issue that the school official was bringing forth was that this newer population did not want nor would not co-operate with any formal oversight ensuring that the children's education met the standards as set by california law.

honestly, i have no issue with GOOD homeschooling. if it's done well and the kids ARE receiving an education. unfortunatly the members of homeschooling associations are rarely the ones that are failing to meet this standard, failing to ensure their children's educations, failing to associate with quality private schools or utilize good materials. it's the homeschooling parents that are not doing it appropriatly, not providing their children with adequate education, not ensuring that they will be prepared for adulthood that will benefit from the efforts of these associations that they are not involved in and have no desire to do so.

personaly, if i were a homeschooling california parent i would work to ensure that while i had the right to educate my children outside the public school system there were checks and balances, and protections in place to uphold the standards these associations put forth-and to ensure the safety and welfare of all children.

i would have to assume that these associations were well aware of the long existing california laws and worked to ensure their members meet the critieria-if they were not working to change it and encoured their membership to ignore it or violate it then i have little respect for them. work for change-don't simply ignore or evade a law because it does'nt suit your desires.

 

[barkley]

was interesting this morning-i turned on the tv and the channel happened to be on the 700 club. i was about to flip past it when i heard this topic was being discussed-found it realy interesting that they perceived it as a 'NEW' way for the government to ensure kids are taught sex education in the public schools and prevented from learning christainity in a homebased classroom.

i'm thinking-nothings new about it, been in place since the 50's, has nothing to do with teaching sex-ed (and even when i was in school in the 60's thru the end of 79 parents had to sign a consent form for us to receive sex ed, still was the practice when we lived in ca. last year), noone is saying homeschoolers can't teach about christianity or anyother subject matter.

wish people (esp. the media) would get their facts straight before they go out and rile people up.

 

[Amy5000]

If these allegations are true, these children need to be removed from the home. This is not a homeschooling issue, it is an abuse issue.

Not that I have any opinion on that!

Dawn

Of course I think your right. But look at how hard it is to remove children where you have 3-party adult reports of abuse. I suppose to some extent going to school is a safety net for children who are at risk for being abused or neglected...unfortunately, it's a safety net that that many children fall through...

 

[jennobrn01]

Not only is this a blow to homeschooler's but to parental rights. We have the right as parents to educate our children as we see fit. In light of how well hs students score academically this forcing into a traditional school system is ridiculous.

"A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare," the judge wrote, quoting from a 1961 case on a similar issue. San Francisco Chronicle

Forget academics. Forget promotion of independent/critical thinking skills. We want your children to be "trained" machines of the state. Reminds me of Hitler's youth camps.

 

[DawnM]

(this is a forward from a national list)

At some point, and you may already have, you will probably receive an
e-mail asking you to sign a petition about the court case in
California. PLEASE do NOT sign it! What it really is about isn't
California but more scare tactics and part of a membership drive.

Homeschool is still very much alive and LEGAL in California. We do NOT
need hysteria fueled by HSLDA! The last time they did this we almost
lost our right to homeschool. Please don't feed into their hysteria.

If you have questions, then go to the HSC (Homeschool Association of
California) or CHN (California Homeschool Network). Leslie Buchanan is
Board President of HSC and has let us know that the legal teams of the
California homeschooling groups are meeting and will deal with this.
IF, let me repeat myself here, IF the legal teams feel that California
needs help, then HSC and CHN will send out a message asking for help.

The case will be easily overturned because his ruling effects public
schools! Further, *anyone* who has even a tiny bit of legal training
will tell you that his ruling is a mess and has no legal foundation
and is an appeal to overturn waiting to happen.

Just sign me, a California homeschooling mom who would like to get
back to homeschooling and spend less time putting out unnecessary
fires <g>

P.S. Please feel free to forward!

 

[bumbershoot]

We do NOT
need hysteria fueled by HSLDA!

That is so odd they say that (I know YOU are not saying it). I was looking on their site last night, and even though I don't really get behind that site (too religious for me) I couldn't find any hysteria anywhere.

Seemed to me that the only hysteria was coming from the media!

 

[Creekermom]

URGENT: Your help is needed! Please if you HS in the USA please sign this.


Click here for link to sign petition...
https://www2.hslda.org/Registrations...CourtDecision/

YOUR SPOUSE WILL HAVE TO SIGN SEPARATELY. PLEASE CONSIDER SIGNING, IF THIS SHOULD PASS, IT MAY EFFECT ALL OF US AS OTHER STATES MAY CONSIDER DOING THE SAME.

California Court Rules Homeschooling Illegal. Please sign this petition from the
Home School Legal Defense Association [HSLDA] and forward it on to as many of
your friends as possible. - JV: CFN

Petition to Request Depublishing of California Court Case In re Rachel L.

Please Sign this Petition to Support Homeschool Freedom in California

A California Court of Appeal recently decided that homeschooling is illegal in
California unless a parent is a certified teacher.

The case arose in a confidential juvenile court proceeding. The family was
represented by court-appointed attorneys and HSLDA did not become aware of the
case until the Court of Appeal case was published on February 28, 2008.

The Court could have restricted its decision to the facts before it, but
instead, it issued a broad ruling that effectively outlaws home education in
California. The Court also certified its decision for publication, which means
that the decision can now be cited as legal authority by all other courts in
California.

The family and their California counsel are planning to appeal to the Supreme
Court of California, which could result in reversal.

Another option to keep homeschooling free in California is to petition the
Supreme Court of California to "depublish" the opinion. If the opinion is
"depublished" then it cannot be used by other California courts and this threat
to homeschool freedom will be neutralized for other California homeschoolers.

HSLDA will be formally petitioning the California Supreme Court to depublish the
opinion. We would like to show that many other people, both in California and
across the country, care deeply about homeschool freedom in California.

Please show your support for this effort by signing the petition today.

We, the undersigned, request that the Supreme Court of California depublish the
Court of Appeal opinion in In re Rachel L., handed down on February 28, 2008.


Click here for link to sign petition...
https://www2.hslda.org/Registrations...CourtDecision/
__________________

 

[DawnM]

Not really sure what you mean. The allegations of abuse came from the daughter herself and not a 3rd party.

Dawn

Of course I think your right. But look at how hard it is to remove children where you have 3-party adult reports of abuse. I suppose to some extent going to school is a safety net for children who are at risk for being abused or neglected...unfortunately, it's a safety net that that many children fall through...

 

[DawnM]

I am trying to get more info on where this came from.

This whole thing is getting blown way out of proportion.

Dawn

That is so odd they say that (I know YOU are not saying it). I was looking on their site last night, and even though I don't really get behind that site (too religious for me) I couldn't find any hysteria anywhere.

Seemed to me that the only hysteria was coming from the media!

 

[hsmamato2]

It's not an abuse issue.
Attempting to revoke the rights of all CA parents to choose an educational path for their own children has nothing to with child abuse. if an accusation was made,and substantiated,then said children should be removed from the home.
How an education is carried out has VERY little to do with actual abuse cases.
And for the folks that perceive the all powerful public schools as the eyes that watch over and protect our kids ....come ON! If that was true,then there'd be no bullying/drug use/gang/dropout problem-not to mention the very real problem of so many dismally undereducated children in America.
The only reason I point this out is that is is not ,and never has been the job of an administration to oversee the daily health and safety of our kids,it's the parents job to do that. Schools should be utilized to further the education of a child,if you choose to go that route. To assume that b/c of this case,the safety of all homeschooled kids everywhere is now in question is just as sad as assuming that b/c there are frequent problems with school violence,all schools are incredibly dangerous,and should be shut down.

 

[mickeyjen]

It's not an abuse issue.
Attempting to revoke the rights of all CA parents to choose an educational path for their own children has nothing to with child abuse. if an accusation was made,and substantiated,then said children should be removed from the home.
How an education is carried out has VERY little to do with actual abuse cases.
And for the folks that perceive the all powerful public schools as the eyes that watch over and protect our kids ....come ON! If that was true,then there'd be no bullying/drug use/gang/dropout problem-not to mention the very real problem of so many dismally undereducated children in America.
The only reason I point this out is that is is not ,and never has been the job of an administration to oversee the daily health and safety of our kids,it's the parents job to do that. Schools should be utilized to further the education of a child,if you choose to go that route. To assume that b/c of this case,the safety of all homeschooled kids everywhere is now in question is just as sad as assuming that b/c there are frequent problems with school violence,all schools are incredibly dangerous,and should be shut down.

I think you might have misunderstood... the actual legal issue was an abuse issue. I think the fact that it has become a homeschool issue is ridiculous. If abuse was suspected in this case, than they should be removed from the home, not sent to public school all day only to return home in the evening (and weekends) to the home of an alleged abuser. I don't think anyone is suggesting or implying that all homeschoolers are abusive. But maybe I am misunderstanding...

And Dawn... I forgot to mulitiquote, but as far as I understand it, it was an older sibling who alleged that the father had abused HER. I have read that she claims the two younger siblings were not abused, but regardless that is where the third party part comes in. The two younger siblings did not report any abuse themselves.... Their sister did.